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How will the GDPR affect Proz members?
Thread poster: Tom in London
Tom in London
Tom in London
United Kingdom
Local time: 13:44
Member (2008)
Italian to English
May 15, 2018

The GDPR becomes active on 25 May.

I've already begun receiving notifications from a large number of websites, asking me to confirm that I want to continue hearing from them.

They're having to do this because of the strict new EU regulations on data privacy and processing.

Will Proz be affected?

https://www.eugdpr.org


 
Thomas T. Frost
Thomas T. Frost  Identity Verified
Portugal
Local time: 13:44
Danish to English
+ ...
Proz and GDPR May 15, 2018

There was an announcement about it here a few days ago:

https://www.proz.com/forum/prozcom_translator_coop/325151-announcing_improvements_to_privacy_and_data_protection_at_prozcom_gdpr.html


 
Tom in London
Tom in London
United Kingdom
Local time: 13:44
Member (2008)
Italian to English
TOPIC STARTER
Oh-- May 15, 2018



Thanks - I didn't see it


 
John Fossey
John Fossey  Identity Verified
Canada
Local time: 09:44
Member (2008)
French to English
+ ...
What about individual translators? May 15, 2018

How will the GDPR affect individual translators? Including translators like myself who have no presence in the EU but do have many EU clients?

 
Daniel Frisano
Daniel Frisano  Identity Verified
Italy
Local time: 14:44
Member (2008)
English to Italian
+ ...
Cannot foresee any substantial changes May 16, 2018

At a first glance, it won't change one bit. From https://www.eugdpr.org/key-changes.html :

"Arguably the biggest change to the regulatory landscape of data privacy comes with the extended jurisdiction of the GDPR, as it applies to all companies processing the personal data of data subjects residing in the Union, regardless of the company’s location."

That's the BIGGEST
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At a first glance, it won't change one bit. From https://www.eugdpr.org/key-changes.html :

"Arguably the biggest change to the regulatory landscape of data privacy comes with the extended jurisdiction of the GDPR, as it applies to all companies processing the personal data of data subjects residing in the Union, regardless of the company’s location."

That's the BIGGEST change? Big flippin' deal.

Other "key" changes are:

"Penalties. [...] organizations in breach of GDPR can be fined [...]" (Shaking in my boots)

"Consent. [...] companies will no longer be able to use long illegible terms and conditions full of legalese [...]" (Yeah, that's a huge problem for someone who is supposed to understand any kind of text and write clearly)

So this is (quote) "the most important change in data privacy regulation in 20 years"?

[Edited at 2018-05-16 08:01 GMT]
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Sharon James
Sharon James
Australia
GDPR - Translation May 16, 2018

Companies will only be able to store personal data on individuals with those individuals’ express prior consent. People will have the right to request disclosure of the personal data that companies collect about them and will also have the right to demand that their personal data is erased. This has significant implications for how users of translation services should go about procuring such services from language service providers (“LSPs”).
Before outsourcing translation projects an
... See more
Companies will only be able to store personal data on individuals with those individuals’ express prior consent. People will have the right to request disclosure of the personal data that companies collect about them and will also have the right to demand that their personal data is erased. This has significant implications for how users of translation services should go about procuring such services from language service providers (“LSPs”).
Before outsourcing translation projects and dispatching project documents containing personal information, including names and contact details, you first need to ensure that the LSP operates in a member state that has signed up to the GDPR and complies with all the relevant regulations.

Read full article on this : http://blog.lacrosse-translations.com/2017/05/22/how-will-the-eus-new-data-protection-rules-impact-translation-services/
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Marjolein Snippe
Marjolein Snippe  Identity Verified
Netherlands
Local time: 14:44
Member (2012)
English to Dutch
+ ...
I wouldn't worry too much May 16, 2018

John Fossey wrote:

How will the GDPR affect individual translators? Including translators like myself who have no presence in the EU but do have many EU clients?


As long as the only data you have of people are direct personal data, i.e. things like their address and VAT numbers, needed for invoicing, the only things that may happen is that
a) people (or organisations) may ask you to let them know what data you have on them, and ask you to delete/correct them
b) regulatory agencies may ask you what data you hold on people/companies, and may ask you for justification.

Fines can be heavy (up to 20 million euros or 4% of your company's world wide turnover, whichever is more), but as far as I have been told (I was curious enough to attend a meeting), if you can prove you need this for invoicing or for regulatory purposes (e.g. keep your administration for x years in case the tax man asks for it), your are not at real risk of breaking it. Of course, make reasonably sure that the data you hold are secure - don't leave your laptop with personal data of others lying around in public places, that type of thing. Delete data you no longer justifiably need. Keep data confidential and use encrypting and other security measures when transmitting them.

For people or companies holding "indirect personal data" (includes photos, medical data, preferences), as well as for larger organisations, better documentation, more safeguards and consent from the people whose data are held, may all be required.

I found quite a concise overview on this website:
https://www.amazeemetrics.com/en/blog/overview-gdpr-what-changing#


 
Ty Kendall
Ty Kendall  Identity Verified
United Kingdom
Local time: 13:44
Hebrew to English
Much ado about nothing May 16, 2018

Daniel Frisano wrote:

At a first glance, it won't change one bit. From https://www.eugdpr.org/key-changes.html :

"Arguably the biggest change to the regulatory landscape of data privacy comes with the extended jurisdiction of the GDPR, as it applies to all companies processing the personal data of data subjects residing in the Union, regardless of the company’s location."

That's the BIGGEST change? Big flippin' deal.


I have to agree with Daniel. I'm struggling to see the seismic shifts that will supposedly result as a consequence of this for ordinary translators.
I'm amazed at the hoo-ha being generated on various Facebook translators' groups too.
If I'm missing something though, I don't mind being put right....

[Edited at 2018-05-16 08:42 GMT]


 
Samuel Murray
Samuel Murray  Identity Verified
Netherlands
Local time: 14:44
Member (2006)
English to Afrikaans
+ ...
@John May 16, 2018

John Fossey wrote:
How will the GDPR affect individual translators ... who have no presence in the EU but do have many EU clients?


As far as I can tell, you are not subject to EU law if you're not in the EU.

However, you may find that some EU clients will find it reassuring if you make an attempt to appear to be compliant to EU privacy laws. For you, this would mean publishing your privacy policy somewhere (e.g. your web site) and putting a link to that page in your e-mail signature.

The GDPR requires a somewhat more comprehensive privacy policy, though.


 
Lian Pang
Lian Pang  Identity Verified
Netherlands
Local time: 14:44
Member (2018)
English to Chinese
+ ...
Updated my personal privacy policy as well May 16, 2018

I don't know if it's strictly necessary for freelancers.

But since I hold some phone numbers, emails and bank details of my clients, also deal with their confidential documents, I figured it would be good practice to update my privacy statement as well according to GDPR requirements.


 
Thomas T. Frost
Thomas T. Frost  Identity Verified
Portugal
Local time: 13:44
Danish to English
+ ...
What about author names, etc.? May 16, 2018

Sharon James wrote:

Companies will only be able to store personal data on individuals with those individuals’ express prior consent. People will have the right to request disclosure of the personal data that companies collect about them and will also have the right to demand that their personal data is erased. This has significant implications for how users of translation services should go about procuring such services from language service providers (“LSPs”).
Before outsourcing translation projects and dispatching project documents containing personal information, including names and contact details, you first need to ensure that the LSP operates in a member state that has signed up to the GDPR and complies with all the relevant regulations.

Read full article on this : http://blog.lacrosse-translations.com/2017/05/22/how-will-the-eus-new-data-protection-rules-impact-translation-services/


I have still not found out how outsourcers are supposed to handle for example the name of an author of an internal report or the name of an author or signatory of a public document, for example a law or a research report.

Are we supposed to send a letter to Queen Elizabeth asking for consent before we can translate anything she has signed as sovereign?

There must be some exceptions, but the GDPR is written in a rather indigestible language.


 
Georgie Scott
Georgie Scott  Identity Verified
France
Local time: 14:44
French to English
+ ...
I think you are May 16, 2018

Samuel Murray wrote:

John Fossey wrote:
How will the GDPR affect individual translators ... who have no presence in the EU but do have many EU clients?


As far as I can tell, you are not subject to EU law if you're not in the EU.


https://community.spiceworks.com/topic/2007530-how-the-eu-can-fine-us-companies-for-violating-gdpr

This seems to be one of the main focuses of the GDPR, as far as I can remember.

As for people worrying about keeping details of existing clients, this would probably count as "legitimate interest" (https://www.gdpreu.org/the-regulation/key-concepts/legitimate-interest/); hence why I'm surprised to see so many British agencies telling me they can't keep working with me if I don't consent to the processing of my data, whilst simultaneously slipping in a new set of terms and conditions that are considerably more questionable than the last. Something that is explicitly forbidden in the GDPR (https://litmus.com/blog/5-things-you-must-know-about-email-consent-under-gdpr).

I have heard from a couple of sources working at the head of major internationals that their lawyers are struggling to clarify the regulation and that they have been given very different advice from various different law firms.

I also have a friend who is a lawyer specializing in the subject and she told me not to worry about it...

I suspect we'll find out more over the next couple of months.


 
Thomas T. Frost
Thomas T. Frost  Identity Verified
Portugal
Local time: 13:44
Danish to English
+ ...
Basic error in the beginning of the article May 16, 2018



Right in the beginning:

"The adoption of the EU data protection reform package in the form of the General Data Protection Regulation (GDPR), which EU Member States must transpose into national law by 2018"

This is a basic error, as an EU regulation is directly applicable in all Member States, and transposition is completely irrelevant. Transposition applies to Directives, which are not directly applicable (but citizens and entities can still in some cases claim damages if such Directives are not correctly transposed into national law before the deadline, and this results in a loss).

If an author begins an article with such a fundamental error, how much can we trust the rest of it?


 
Thomas T. Frost
Thomas T. Frost  Identity Verified
Portugal
Local time: 13:44
Danish to English
+ ...
"Note: Your message will be reviewed by a moderator before it is made visible" – GDPR? May 16, 2018

The last two posts I've made in this topic have resulted in this message being displayed:

"Your message has been stored in the database.
Note: Your message will be reviewed by a moderator before it is made visible."

Is Proz going overboard with screening all posts that could potentially contain personal information, based on a list of names or something else? Is anyone else experiencing the same?

I've created a support ticket about it, but it has not
... See more
The last two posts I've made in this topic have resulted in this message being displayed:

"Your message has been stored in the database.
Note: Your message will be reviewed by a moderator before it is made visible."

Is Proz going overboard with screening all posts that could potentially contain personal information, based on a list of names or something else? Is anyone else experiencing the same?

I've created a support ticket about it, but it has not been answered yet.
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Thomas T. Frost
Thomas T. Frost  Identity Verified
Portugal
Local time: 13:44
Danish to English
+ ...
"Additional requirements such as the obligation to destroy confidential information upon completion" May 16, 2018

From the article:

"Projects may also be subject to additional requirements such as the obligation to destroy confidential information upon completion of a project."

I have never accepted such a clause if it is not accompanied by other clauses that protect me against complaints and liability in relation to a deleted project.

If I delete all copies of the work I have provided, I can no longer defend myself against claims, which is clearly an unacceptable situ
... See more
From the article:

"Projects may also be subject to additional requirements such as the obligation to destroy confidential information upon completion of a project."

I have never accepted such a clause if it is not accompanied by other clauses that protect me against complaints and liability in relation to a deleted project.

If I delete all copies of the work I have provided, I can no longer defend myself against claims, which is clearly an unacceptable situation. I have a legitimate interest in keeping such data for as long as the relevant statute of limitation makes litigation possible.
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